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B-259251 1 (1995-09-01)

handle is hein.gao/gaocrptabzg0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Michael S. Maram File: B-259251 Date: September 1, 1995 DIGEST The Social Security Administration's decision to deny relocation expenses to a transferred employee was not arbitrary, capricious or clearly erroneous where, on the basis of all the circumstances, it determined that the transfer was at the employee's request and primarily for the convenience or benefit of the employee. DECISION Mr. Michael S. Maram, an Administrative Law Judge (ALJ) of the Social Security Administration (SSA) appeals our Claims Group's decision denying his claim for relocation expenses. In his appeal Judge Maram contends that the determination of the SSA that his transfer was not in the interest of the government is arbitrary, capricious or clearly erroneous on the basis of all the circumstances involved.' For the following reasons, we affirm our Claims Group's decision, and deny the claim. The record shows that Judge Maram was assigned to the Dallas (North) Hearing Office, Dallas, Texas, in 1991. On October 22, 1991, the Acting Chief ALJ issued a survey to determine if any ALJs were interested in relocation at their own expense. By memorandum, dated November 4, 1991, Judge Maram advised the Acting Chief ALJ that he was requesting a relocation to an SSA location in Florida primarily because of a medical condition affecting his wife which was exacerbated by the climate in Dallas. His request was not granted. By memorandum to the Regional Chief ALJ, dated May 29, 1992, Judge Maram resubmitted the request and asked that it be reconsidered as a hardship case. He noted that another Regional Chief ALJ had stated that the workload of the Hearing Office in Tampa, Florida, warranted an additional ALJ, and he stated: I am fully 1See Settlement Certificate No. Z-2869305, Sept. 22, 1994. At the time of the events in the instant case, SSA was a component of the Department of Health and Human Services. 22091

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